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Beneficiaries rights to information

A trust is an arrangement where one party (a settlor) gives the benefit of assets to another party (a beneficiary) while control and decisions relating to those assets lie with another party (the trustee).

Dismissal was victimisation after inadequate investigation

The importance of a fair investigation was highlighted in the recent case of Carmelli Bakeries Ltd v Benali [2013]. Here, the EAT upheld the employment tribunal’s decision that an employee, who admitted an act of gross misconduct, was unfairly dismissed and victimised by his employer.

Solicitor professional negligence - scope of a solicitor’s duties

Generally a high standard of competence is expected of a solicitor but judges acknowledge that they must be cautious not to impose duties that go beyond the scope of what the solicitor has been requested and undertaken to do.

Byte-Sized Security: Thriving in a Data-Driven World

The world of data protection and cybersecurity is in a state of fast evolution, driven by increasing regulatory demands and emerging threats. For businesses operating in the UK and EU specifically, staying ahead of these changes is no longer optional - it is a critical component of survival and success in the digital age.

How to start contesting a will

If you think you have grounds to contest a will then it is important to act fast, preferably before a grant of probate is obtained. If you are contesting a will believing it to be invalid, you can lodge a caveat which will prevent any grant of probate from issuing.

Distributor or agent: why does it matter?

In appointing an agent or distributor, a supplier is effectively outsourcing part of the selling function of its business. A supplier may wish to do this for a number of reasons.

Legal Ombudsman decisions challenged in the High Court

The Legal Ombudsman (LeO) for England and Wales was set up by the Office for Legal Complaints in October 2010, under the Legal Services Act 2007. It is an independent and impartial scheme set up to resolve complaints about lawyers in England and Wales, and provides a free complaints resolution service to consumers.

IR35 – the latest – a £1.2m blow for HMRC

The development of the Intermediaries Regulations (IR35) and its impact on personal service companies has been a hot topic in recent years.

Professional negligence claims: can the professional who made the mistake afford to pay?

When considering a professional negligence claim, it is crucial to know whether the defendant has indemnity insurance. Without insurance, judgment may not be satisfied. Yet it is not easy to be sure and even if insurance exists it is difficult to know whether the claim has been notified to the insurer. Without notification, insurance may not pay your judgment.

No duty of care owed by consulting engineers

This was a professional negligence claim brought by the claimant, a national housebuilding company trading as Barratt Homes and David Wilson Homes (“BDW”), against the defendant, a firm of consulting geotechnical and geo-environmental engineers (“IGL”).